THE ENVIRONMENTAL MANAGEMENT ACT, 2004 (Act No. 20 of 2004) REGULATIONS. (Made Under Sections 82(1) and 230(2) (h) and (q))

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1 THE ENVIRONMENTAL MANAGEMENT ACT, 2004 (Act No. 20 of 2004) REGULATIONS (Made Under Sections 82(1) and 230(2) (h) and (q)) THE ENVIRONMENTAL IMPACT ASSESSMENT AND AUDIT REGULATIONS, 2005 Regulation Title PART I PRELIMINARY PROVISIONS 1. Citation 2. Application 3. Interpretation PART II GENERAL PROHIBITION 4. General prohibition PART III PROJECT REGISTRATION AND SCREENING 5. Application for Environmental Impact Assessment Certified 6. Preparation of project brief 7. Submission of project brief 8. Comments on the project brief 9. Screening of project brief 10. Approval of project brief 11. Decision that an environmental impact assessment be prepared PART IV THE ENVIRONMENTAL IMPACT ASSESSMENT 12. Objective of Environmental Impact Assessment 13. Scoping and terms of reference 14. Conduct of EIA by Experts 15. Environmental impact assessment steps 16. Environmental impact assessment study 17. Public participation PART V THE ENVIRONMENTAL IMPACT STATEMENT

2 18. Contents of environmental impact statement 19. Executive summary of environmental impact statement 20. Signature 21. Submission of environmental impact statement PART VI REVIEW PROCESS OF ENVIRONMENTAL IMPACT STATEMENT 22. Cross-sectoral technical advisory committee 23. Invitation of comments from relevant Ministries, institutions and the general public 24. Review criteria 25. On site visits 26. Decision to hold public hearing 27. Public hearing 28. General format of public hearings 29. Persons eligible to make presentations at public hearings 30. Submission of recommendations to the Minister PART VII DECISION OF THE MINISTER 31. Decision of the Minister 32. Criteria for decision 33. Decision of Minister and issue of decision letter 34. Environmental impact assessment certificate 35. Variation of certificate 36. Transfer of certificate 37. Surrender of certificate 38. Cancellation of an environmental impact assessment certificate PART VIII ACCESS TO ENVIRONMENTAL IMPACT STATEMENTS AND INFORMATION 39. Documents deemed to be public documents 40. Protection of proprietary information PART IX PERIOD OF VALIDITY 41. Expiry of authorisation document 42. Developer to inform the Council of changes to the development undertaking 43. Issue of decision letter PART X ENVIRONMENTAL AUDIT 2

3 44. Objective of environmental audit 45. Basic principles of environmental audit 46. Environmental audit 47. Compliance with standards 48. Environmental audit steps 49. Control audit 50. Self auditing 51. Conduct of environmental audit 52. Contents of environmental audit report 53. Review and verification of environmental audit report 54. Post audit orders 55. Role of inspectors 56. Audit petition by public 57. Monitoring by the Council 58. Monitoring report PART XI MONITORING PART XII GENERAL PROVISIONS 59. Regional and international issues 60. Offences 61. Appeals 62. Registers 63. Guidelines 64. Projects authorised prior to the commencement of these Regulations 65. Delegation of powers 66. Minister may amend Schedules SCHEDULES FIRST SCHEDULE TYPES OF PROJECTS REQUIRING AND NOT REQUIRING EIA SECOND SCHEDULE PROJECT SCREENING CRITERIA THIRD SCHEDULE FORMS FOR EIA FOURTH SCHEDULE STEPS FOR CONDUCTING EIA 3

4 THE ENVIRONMENTAL MANAGEMENT ACT, 2004 (Act No. 20 of 2004) (Made Under Sections 82(i) and 230(2)(h)) THE ENVIRONMENTAL IMPACT ASSESSMENT AND AUDIT REGULATIONS, 2005 PART I PRELIMINARY PROVISIONS Citation Application Interpretation Act No. 20 of These Regulations may be cited as the Environmental Impact Assessment and Audit Regulations, These Regulations shall apply to all projects, undertakings and activities referred to in Part VI and the Third Schedule to the Act and, the First Schedule to these Regulations. 3. In these Regulations, unless the context otherwise requires- Act means the Environmental Management Act, 2004; analysis means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, chemical or biological) on any segment of the environment or examination of emissions or recording of noise or subsonic vibrations to determine the level or other characteristics of the noise or sub-sonic vibration or its effect on any segment of the environment; analyst means an analyst appointed or designated under section 163 of the Act; biological diversity means the variability among living organisms from all sources including terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which they are part including diversity within species and of ecosystems; chemical means a chemical substance in any form whether by itself or in a mixture or preparation, whether manufactured or derived from nature and includes industrial chemicals, pesticides, fertilizers and drugs; Council means the National Environment Management Council established under section 16 of the Act; developer means a person who is developing a project to which an environmental impact assessment is required by the Act; Director General means the Director General of the Council appointed pursuant to section 21 of the Act; economic analysis means the use of analytical methods which take into account economic, socio-cultural, and environmental issues in an integrated manner in the assessment of projects; environmental audit means a systematic evaluation of activities and processes of a project to determine how far these activities and programmes conform with the approved environmental management plan of that specific project and sound environmental management practices and applicable environmental standards; environmental auditor means an individual person or a firm of experts certified 4

5 and registered as Environmental Expert in accordance with the provisions of the Environmental (Registration of Environmental Experts) Regulations, 2005; environmental control audit means a mechanism or procedure put in place by a proponent or proprietor in consultation with the Council to determine compliance with environmental standards; environmental expert means an individual person or firm of consultants duly certified and registered under the Environmental (Registration of Environmental Experts) Regulations, 2005 to conduct environmental impact assessment study or environmental audit; environmental impact assessment means a systematic examination conducted to determine whether or not a programme, activity or project will have any adverse impacts on the environment; environmental impact statement means the statement produced at the end of the environmental impact assessment process in accordance with the requirements of section 86 of the Act and Part IV of these Regulations; environmental management plan means all details of project activities, impacts, mitigation measures, time schedule, costs, responsibilities and commitments proposed to minimize environmental impacts of activities, including monitoring and environmental audits during implementation and decommissioning phases of a project; environmental management includes the protection, conservation and sustainable use of the various elements or components of the environment; environmental monitoring means the continuous or periodic determination of actual and potential effects of any activity or phenomenon of the environment whether short-term or long-term; guidelines means the guidelines describing the methodology for implementation of environmental impact assessment or environmental audit requirements adopted by the Council pursuant to section 58 of the Act; mitigation measures include engineering works, technological improvements, management and ways and means of minimising negative aspects, which may include socio-economic and cultural losses suffered by communities and individuals, whilst enhancing positive aspects of the project; natural resources include resources of air, land, water, animals and plants including their aesthetic qualities; premises include mesuages, buildings, lands and hereditaments in every tenure and machinery, plant or vehicle used in connection with any trade carried on at any premises; project includes any project, programme or policy that leads to activities which may have an impact on the environment; proprietary information means information relating to any manufacturing process, trade secret, trade mark, copyright, patent or formula protected by law in Mainland Tanzania or by any international treaty to which the United Republic is party; proponent means a person proposing or executing a project, programme or an undertaking specified in the Third Schedule of the Act; public means individual, civil society organisations and institutions, community based organisations, public and private institutions; 5

6 review means a process of checking the adequacy of an environmental impact statement or environmental audit report with a view to ensuring that it meets the legal requirement and ensure wide acceptance of the environmental impact study findings; social analysis means assessing or estimating in advance the social consequences from specific policy actions or project development including social justice and equity, social uncertainty, social cohesion, social networks and interactions, social status and gender desegregation; standard means the limits of discharge or emissions established under the Act or under these Regulations made pursuant to the Act or any other in the law; sustainable development means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems; sustainable use means present use of the environment or natural resources, which does not compromise the ability to use the same by future generations or degrade the carrying capacity of supporting ecosystems; trade means any trade, business or undertaking whether originally carried on at a fixed premises or at varying places which may result in the discharge of substances and energy and includes and activity prescribed to be a trade, business or undertaking for the purposes of this Act; Tribunal means the Environmental Appeals Tribunal established by section 204 of the Act; waste means any matter prescribed to waste and any matter whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume composition or manner likely to cause an alteration of the environment; water includes drinking water, river, stream, watercourse, reservoir, well, dam, canal, channel, lake, swamp, open drain, or underground water. PART II GENERAL PROHIBITION General prohibition 4.-(1) No developer or proponent shall implement a project- (a) likely to have a negative environmental impact; or (b) for which an environmental impact assessment is required under the Act, these Regulations or any other written law unless an environmental impact assessment has been concluded and approved in accordance with these Regulations. (2) No licensing authority under any law in force in Mainland Tanzania shall issue a certificate for any project for which an environmental impact assessment is required under the Act unless the applicant produces to the licensing authority a certificate of environmental impact assessment issued by the Minister under these Regulations. (3) No licensing authority under any law in force in Mainland Tanzania shall issue a trading, commercial or development permit or license for any micro project activity set out in the First Schedule to these Regulations that is likely to 6

7 have cumulative significant negative environmental impact before it ensures that an impact assessment approved by the Minister is in place. PART III PROJECT REGISTRATION AND SCREENING Application for Environmental Impact Assessment Certificate 5. An application for an environmental impact assessment certificate shall be made in the format of a project brief set out in the Third Schedule to the Act and the First Schedule to these Regulations, and the applicant shall submit the application together with the prescribed fee to the Council. Preparation project brief Submission project brief of of 6. -(1) A developer or proponent shall, depending on the nature of the project or undertaking, register in accordance with Form No. 1 specified in the Third Schedule to these Regulations and prepare a project brief stating- (a) the nature of the project in accordance with the categories identified in the Third Schedule to the Act and the First Schedule to these Regulations; (b) the location of the project including to the physical area that may be affected by the project s activities; (c) the activities that shall be undertaken during the project construction, operation and decommissioning phases; (d) (e) (f) the design of the project; the materials to be used, products and by-products, including waste to be generated by the project and the methods of their disposal; the potential environmental impacts of the project and the mitigation measures to be taken during and after implementation of the project; (g) an action plan for the prevention and management of possible accidents during the project cycle; (h) a plan to ensure the health and safety of the workers and neighbouring communities; (i) the economic and socio-cultural impacts to the local community and the nation in general; (j) the project budget; and (k) any other information which the Council may require. (2) In preparing a project brief under this Regulation, the proponent or developer shall pay particular attention to other issues specified in the First Schedule to these Regulations. (3) A project brief shall be prepared by an environmental impact assessment expert registered as such under regulations made under the Act. 7. A proponent or developer shall submit at least ten copies of the project report to the Council or the Council s appointed agent in Form No. 1 specified in the Third Schedule to these regulations accompanied by the prescribed fees. 7

8 Comments on the project brief 8.-(1) Where the project brief conforms to the requirements of regulation 6, the Council shall within seven days upon receipt of the project report, submit a copy of the project brief to- (a) each of the relevant ministry or public institution; (b) the relevant local government environmental management officer; (c) and where more than one district is involved, to the relevant Regional Secretariat, for their written comments. (2) Comments shall be submitted to the Council within twenty one days from the date of receipt of the project brief. (3) On receipt of the comments or where no comments have been received the Council shall proceed to determine the project brief. Screening project brief Approval project brief of of 9.-(1) The Council shall screen the project brief guided by screening criteria as specified in the Second Schedule to these Regulations. (2) The screening process shall be undertaken with the objective of determining whether an environmental impact assessment be undertaken. 10.-(1) On determination of the project brief, the decision of the Council, together with the reasons thereof, shall be communicated to the developer or proponent within forty-five days of the submission of the project brief. (2) Where the Council is satisfied that the project shall not have significant negative impact on the environment, or that the project brief discloses sufficient mitigation measures, the Council may proceed to recommend to the Minister to approve the project. (3) Approval of the project or undertaking shall be made in Form 3 specified in the Third Schedule to these Regulations. Decision that an environmental impact statement be prepared 11.-(1) Where the Council finds that the project shall have a significant impact on the environment and the project report discloses no sufficient mitigation measures it shall require the developer or proponent to: (a) undertake an environmental impact assessment in accordance with these Regulation; or (b) undertake a preliminary assessment, where more information is required to determine a screening decision. (2) A preliminary assessment shall proceed along the following steps: (a) description of the project characteristics and the affected environment; (b) (c) identification of impacts on the local environment; and assessment or evaluation of the significance of the impacts in terms of energy flow, transformation of matter, effects on sensitive ecosystems relative to the baseline state and socioeconomic impacts. (3) Where the Council finds that the project shall have no significant negative impact on the environment and the project report discloses sufficient mitigation measure, it shall not require the developer or proponent to undertake an environmental impact assessment, and may proceed to recommend to the Minister for approval of the project. 8

9 PART IV THE ENVIRONMENTAL IMPACT ASSESSEMENT Objectives of Environmental Impact Assessment 12. The objective of any environmental impact assessment shall be to- (a) establish before a decision is taken by any person, authority, corporate body or unincorporated body including the Government and local government authorities intending to undertake or authorise the undertaking of any activity impacts that may likely or to a significant extent affect the environment or have environmental effects on those activities; (b) promote the implementation of the Act and all laws and decision making process through which the goal and objective in paragraph (a) may be realised; (c) encourage the development of procedure for information exchange, notification and consultation between organs and persons when a proposed activity is likely to have significant environmental effects on transboundary or an environment bordering regions, districts, municipalities, towns and villages; (d) to ensure that environmental considerations are explicitly addressed and incorporated into the development decision making process; (e) to anticipate and avoid, minimize or offset the adverse significant biophysical, social and other relevant effects of development proposal; (f) to protect the productivity and capacity of natural systems and the ecological processes which maintain their functions; and (g) to promote development that is sustainable and optimises resources use and management opportunities. Scoping terms reference and of 13.-(1) An environmental impact assessment shall be conducted in accordance with scoping and the terms of reference developed during the scoping exercise by the developer or proponent. (2) The terms of reference shall be submitted to the Council for approval which should be made within fourteen days of submission failure of which approval shall be assumed. (4) The scoping report shall contain among other things the following components: (a) how the scoping exercise was undertaken; (b) identification of issues and problem; (c) synthesis of results of the scooping exercise including details of potential negative and positive impacts; (d) stakeholder groups identified and how they were involved in the scoping exercise; (e) spatial, temporal and institutional boundaries of the project; (f) project alternatives; and (g) terms of reference. Conduct of EIA by experts 14. The environmental impact assessment shall be conducted by experts or firms of experts whose names have been duly certified and registered in 9

10 accordance with the provisions of the Environmental (Registration of Environmental Experts) Regulations, Environmental impact assessment steps Environmental impact assessment study Public participation 15. An environmental impact assessment shall be conducted in accordance with the general environmental impact assessment guidelines and steps set out in the Fourth Schedule to these Regulations. 16. An environmental impact assessment shall take into account environmental, social, cultural, economic, and legal considerations, and shall- (a) (b) (c) (d) identify the anticipated environmental impacts of the project and the scale of the impacts; identify and analyse alternatives to the proposed project; propose mitigation measures to be taken during and after the implementation of the project; and develop an environmental management plan with mechanisms for monitoring and evaluating the compliance and environmental performance which shall include the cost of mitigation measures and the time frame of implementing the measures. 17.-(1) During the process of conducting an environmental impact assessment study, the developer or proponent shall in consultation with the Council, seek the views of any person who is or is likely to be affected by the project. (2) In seeking the views of the public following the approval of the project brief, the developer or proponent shall- (a) publicize the project and its anticipated effects and benefits by- (i) posting posters in strategic public places in the vicinity of the site of the proposed project informing the affected parties and communities of the proposed project; (ii) publishing a notice on the proposed project for two successive weeks in a newspaper that has a nationwide circulation; and (iii) making an announcement of the notice in both Kiswahili and English languages in a radio with a nationwide coverage for at least once a week for two consecutive weeks; (b) hold, where appropriate, public meetings with the affected parties and communities to explain the project and its effects, and to receive their oral or written comments; (c) ensure that appropriate notices are sent out at least one week prior to the meetings and that the venue and times of the meetings are convenient for the affected communities and the other concerned parties; and (d) ensure, in consultation with the Council, that a suitably qualified co-ordinator is appointed to receive and record both oral and written comments and any translations of it as received during the public meetings for onward transmission to the Council. (3) Without prejudice to the preceding provisions of this Regulation, the Council may issue notice to the members of the public to participate in all steps of conducting an environmental impact assessment. 10

11 (4) After closing the public hearing, the Council shall ensure that both oral and written comments and, minutes of the meeting are attached as an annex to the environmental impact statement. PART V THE ENVIRONMENTAL IMPACT STATEMENT Contents of environmental impact statement 18.-(1) A developer or proponent shall submit to the Council, an environmental impact statement incorporating but not limited to the following information- (a) the project and the activities that it is likely to generate; (b) the proposed location of the project and reasons for rejecting alternative locations; (c) a concise description of the national environmental legislative and regulatory framework, baseline information, and any other relevant information related to the project; (d) the objectives of the project; (e) the technology, procedures and processes to be used, in the implementation of the project; (f) the materials to be used in the construction and implementation of the project; (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) the products, by products and waste generated by the project; a description of the potentially affected environment including specific information necessary for identifying and assessing the environmental effects of the project; the environmental effects of the project including the social and cultural effects and the direct, indirect, cumulative, irreversible, short term and long term effects anticipated; alternative technologies and processes available and reasons for preferring the chosen technology and processes; analysis of alternatives including project site, design and technologies and reasons for preferring the proposed site, design and technologies; an environmental management plan proposing the measures for eliminating, minimizing or mitigating adverse impacts on the environment; including the cost, timeframe and responsibility to implement the measures; provision of an action plan for the prevention and management of foreseeable accidents and hazardous activities in the cause of carrying out activities or major industrial and other development projects; the measures to prevent health hazards and to ensure security in the working environment for the employees and for management of emergencies; an identification of gaps in knowledge and uncertainties which were encountered in compiling the information; an economic and social analysis of the project; positive impacts and how to enhance them; and such matters as the Council may require. 11

12 (2) Without prejudice to the generality of sub-regulation (1), the environmental impact statement shall closely be styled and contain the following information: (a) Format of the environmental impact statement: (i) executive summary; (ii) acknowledgement; (iii) acronyms; (iv) introduction; (v) project background and description; (vi) policy, administrative and legal framework; (vii) baseline or existing conditions; (viii) assessment of impacts and identification of alternatives; (ix) impacts management or environmental mitigation measures; (x) environmental and social management plan; (xi) environmental and social monitoring plan; (xii) resource evaluation or cost benefit analysis; (xiii) decommissioning; (xiv) summary and conclusions (xv) references; (xvi) appendices; (b) Cover page of the environmental impact statement: (i) title of the proposed project; (ii) location of proposed development; (iii) developer; (iv) lead consultants; (vi) contact address and phone; (vii) date of submission. (3) Executive summary shall contain the following: (a) title and location of the project or undertaking; (b) name of the proponent and contact; (c) names and addresses of experts or firms of experts conducting EIA; (d) A brief outline and justification of the proposed project or undertaking showing- (i) a brief description of the project environment; (ii) project stakeholders and their involvement in the EIA process; (iii) explanation on why some impacts are not addressed; (iv) list of developer, consultant, local planning authorities and other people and organisations consulted; (v) results of public consultation; (vi) description of the major significant impacts; (vii) alternative considered; (viii) recommendations and plan for mitigation of the impacts; (ix) environmental and social management; (x) proposed monitoring and auditing; (xi) resource evaluation or cost benefit analysis; and (xii) decommissioning. 12

13 Executive summary of environmental impact statement Signature Submission of environmental impact statement 19.-(1) In making an environmental impact statement, the developer or proponent shall have regard to the issues stipulated in the terms of reference. (2) An environmental impact statement shall be accompanied by a nontechnical executive summary both in Kiswahili and English languages stating the key findings, conclusions and recommendations of the assessment. 20.-(1) The environmental impact statement shall be signed by each of the individual persons making the assessment. 21. A developer or proponent shall submit fifteen original copies and an electronic copy of an environmental impact statement to the Council in Form No. 2 specified in the Third Schedule to these Regulations accompanied by the prescribed fees. PART VI REVIEW PROCESS OF ENVIRONMENTAL IMPACT STATEMENT Cross-sectoral technical advisory committee Invitation of comments from relevant Ministries, institutions and the general public 22.-(1) The Council may set up cross-sectoral technical advisory committees at national level and, where appropriate at a local government authority level to advise it on reviews of environmental impact assessment related reports. (2) The cross-sectoral technical advisory committee shall consist of not less than twelve specialists constituting a multi-disciplinary specialisation. (3) The terms of reference and rules of procedure of a cross-sectoral technical advisory committee shall be drawn by the Council in accordance with sections 87 and 88 of the Act. (4) The cross-sectoral technical advisory committee may, with the approval of the Director General, co-opt any persons it deems necessary for its proper functioning. (5) The quorum for the meeting of the cross-sectoral technical advisory committee shall be two-thirds of members. 23.-(1) The Council shall within fourteen days of the receipt of the environmental impact statement submit a copy to any relevant Ministry and public institution and, shall notify and invite the general public for comment. (2) Upon receiving the environmental impact statement, the Ministry and public institution shall review the report to ensure that it complies with the terms of reference developed pursuant to regulation 13 and that it is comprehensive and send the comments to the Council within thirty days or such extended period as the Council may specify. (3) Where the relevant Ministry and public institution to which a copy of the environmental impact statement is submitted fails to submit comments within thirty days or such extended period as the Council may specify, the Council may proceed with the determination of the application for the implementation of the project or undertaking. 13

14 Review criteria On site visits Decision to hold public hearing Public hearing 24. The Council shall undertake review of an environmental impact statement in accordance with the following criteria: (a) Review Area 1 Description of the Development Local Environment and Baseline conditions: (i) description of the development; and (ii) local environmental and baseline conditions. (b) Review Area 2 Identification and Evaluation of key impacts: (i) identification and evaluation of key impacts; (ii) residual impacts; (iii) cumulative impacts; (iv) prediction of impact magnitude; and (v) assessment of impact significance. (c) Review Area 3 Alternatives, mitigations, EMP, and commitment: (i) alternatives; (ii) mitigations; (iii) Environmental Management Plan; and (iv) commitment. (d) Review Area 4 Stakeholder participation and communication of results: (i) stakeholder participation; (ii) presentation; (iii) balance; and (iv) non-technical summary. 25. The Council may arrange for on-site visits with the developer or proponent for purposes of inspecting the project or undertaking which is the subject of review. 26.-(1) The Council shall consider an environmental impact statement and all the comments received and shall proceed to determine whether to hold or not to hold a public hearing in accordance with regulation 27. (2) The Council shall hold a public hearing on the environmental statement if- (a) as a result of the comments received it is of the opinion that a public hearing shall enable it to make a fair and just decision; or (b) it considers it necessary for the protection of the environment. (3) During the hearing, the Council shall: (a) receive submissions and comments from any interested party; (b) ask questions and seek answers respecting the environmental impact of a project or an undertaking; and (c) provide information which assist the hearing panel to prepare recommendations to the Minister. 27.-(1) Upon receipt of both oral and written comments as specified by sections 89 and 90 of the Act, the Council may conduct a public hearing. 14

15 (2) The public hearing shall be presided over by a suitably qualified person appointed by the Council. (3) The date and venue of the public hearing shall be publicized at least one week prior to the meeting- (a) by notice in at least one daily newspaper of national circulation and one newspaper of local circulation, television and other (b) means of mass communication; by at least two announcements in the Kiswahili and English languages. (4) The public hearing shall be conducted at a venue convenient and accessible to people who are likely to be affected by the project. (5) A proponent shall be given an opportunity to make a presentation and to respond to presentations made at the public hearing. (6) The presiding officer shall, in consultation with the Council determine the rules of procedure at the public hearing. (7) On the conclusion of the public hearing, the presiding officer shall compile a report of the views presented at the public hearing and submit the report to the Director General within fourteen days from the date of completion of the public hearing. General format of public hearings Persons eligible to make presentations at public hearings Submission of recommendation s to the Minister 28.-(1) All public hearings shall be non-judicial and conducted in an informal and in a non-adversarial format. (2) All public hearing shall not follow the strict rules of law, procedure and evidence required by a court of law. (3) All public hearings shall be conducted in a structured manner so as to permit a fair and full examination of all information presented. 29. Any person may attend either in person or through a representative and make presentations at a public hearing provided that the presiding officer shall have the right to disallow frivolous and vexatious presentations. 30. Upon completion of the review process, the Council shall prepare a report on the review of environmental impact statement and submit it to the Minister in accordance with section 91 of the Act. PART VII DECISION OF THE MINISTER Decision of the Minister 31.-(1) The Minister shall give his decision on an environmental impact statement within thirty days of receiving recommendations of the Council. (2) The decision of the Minister shall be made in writing and shall contain the reasons for the decision. Criteria decision for 32.-(1) In making a decision regarding an environmental impact statement the Minister shall take into account- (a) the validity of the environmental impact assessment statement with emphasis on the environmental, economic, social and 15

16 cultural impacts of the project; (b) the comments made by relevant Ministry, institution and other interested parties; (c) the report of the person presiding at a public hearing, where applicable; (d) other factors which the Council may consider relevant in the implementation of the project; and (e) advice of the Director of Environment in such application. (2) The decision of the Minister under these regulations shall be communicated to the developer or proponent and a copy thereof shall be made available for inspection by the general public at the Council s office. Decision of Minister and issue of decision letter Environmental impact assessment certificate 33.-(1) The Minister shall take into account the review process and make a decision stating that- (a) the Environmental Impact Statement is approved; (b) the Environmental Impact Statement is not approved; or (c) the Environmental Impact Statement is approved subject to the developer meeting specified conditions. (2) Where the Minister has not approved or approved the project subject to certain conditions, he shall, in communication the decision to the developer or proponent- (a) (b) provide reasons for his decision; or specify conditions attached on the approval based on the environmental management plan provided in the environmental impact assessment statement including schedule of activities that governs implementation of activities. 34. Where the Minister approves an environmental impact statement he shall issue an environmental impact assessment certificate in Form 3 specified in the Third Schedule to these Regulations. Variation certificate of 35.- (1) Where circumstances arise which compels or requires a developer or proponent to vary the terms and conditions on which an environmental impact assessment certificate has been issued, the holder of the certificate shall apply for a variation in accordance with the format in Form 5 specified in the Third Schedule to these Regulations accompanied by a prescribed fee. (2) The Minister may issue a certificate of variation of an environmental impact assessment certificate in Form No. 6 set out in the Third Schedule to these Regulations. (3) A variation of an environmental impact certificate issued under these Regulation may be issued without the holder of the certificate submitting a fresh environmental impact statement if the Council is satisfied that the project if varied would comply with the requirements of the original certificate. (4) Where an environmental impact assessment is required for variation of the environmental impact assessment certificate the provisions of Part IV of these Regulations shall apply. 16

17 Transfer certificate Surrender certificate of of 36.-(1) The holder of an environmental impact assessment certificate may, on payment of the prescribed fee, transfer the certificate to another person only in respect of the project to which such certificate was issued. (2) The transferee as well as the transferor of an environmental impact assessment certificate shall be liable for all liabilities, and the observance of all obligations imposed by the transfer in respect of the certificate transferred, but the transferor shall not be responsible for any future liabilities or any obligations so imposed with regard to the environmental impact assessment certificate that was issued. (3) Where an environmental impact assessment certificate is to be transferred, the person to whom it is to be transferred and the person transferring it shall jointly notify the Minister of the transfer in Form 7 specified in the Third Schedule to these Regulations. (4) The Minister shall issue environmental impact assessment certificate of transfer of an environmental impact assessment certificate in Form 8 specified in the Third Schedule to these Regulations. (5) Where no joint notification of a transfer is given in accordance with this regulation, the registered holder of the environmental impact assessment certificate shall be deemed for the purposes of these Regulations and the Act to be the owner or the person having charge, management or control of the project, as the case may be. 37.-(1) The holder of an environmental impact assessment certificate may surrender the certificate issued under these Regulations to the Minister after ceasing to be responsible for the implementation of the project. (2) The holder of the environmental impact assessment certificate shall notify the Minister through the Council of the intention to surrender the certificate under sub-regulation (1) at least six months before the surrender by submitting a notification in Form 9 specified the Third Schedule to these Regulations together with the prescribed fees. (3) The holder of environmental impact assessment certificate shall not surrender it without the consent of the Minister. (4) The surrender of an environmental impact assessment certificate shall not be effective until the Minister issues environmental impact assessment certificate of surrender in respect of that an environmental impact assessment certificate in Form 10 specified in the Third Schedule to these Regulations. (5) A surrender shall be without prejudice to any liabilities or obligations which have accrued on the holder of the environmental impact assessment certificate prior to the date of surrender. Cancellation of an environmental impact assessment certificate 38.-(1) The Minister may, at any time after issuing an environmental impact assessment certificate under these Regulations, on the advise of the Council- (a) suspend the environmental impact assessment certificate on such terms and conditions as the Minister may specify in such order; or (b) revoke or cancel the certificate. (2) The Minister may suspend, revoke or cancel environmental impact assessment certificate as specified under sub-regulation (1) where- (a) the holder contravenes the conditions set out in the environmental impact assessment certificate; 17

18 (b) (c) (d) there is a substantial change or modification in the project or in the manner in which the project is being implemented; the project poses an environmental threat which could not be reasonably foreseen before the environmental impact assessment certificate was issued; or it is established that the information or data given by the developer or proponent in support of his application for an environmental impact assessment certificate was false, incorrect or intended to mislead. PART VIII ACCESS TO ENVIRONMENTAL IMPACT STATEMENTS AND INFORMATION Documents deemed to be public documents 39.-(1) Subject to the freedom of access to environmental information, any project brief, environmental impact statement, terms of reference, public comments, report of a person presiding at a public hearing, environmental impact assessment statement, decision letter or any other information submitted to the Council under these Regulations, shall be public documents. (2) The Council shall, grant any person who desires to consult any document referred to in sub-regulation (1), access to that document on such terms and conditions as the Council considers necessary. Protection proprietary information of 40.-(1) A person submitting information to the Council may at anytime apply to the Council in Form 11 specified in the Third Schedule to these Regulations to exclude the information or parts thereof from being made available to the public on the basis of commercial confidentiality or national security. (2) Where the Council grants the request made under sub-regulation (1), the information or specified parts of the information shall be excluded from public access, and an entry shall be made in the register to be maintained by the Council indicating in general, the nature of the information and the reason for which it is excluded from public access but shall remain available to the Council, which shall take all measures to maintain its confidentiality. (3) Where the Council rejects the request that the information is proprietary, it shall communicate the decision to the developer or proponent within fourteen days of its decision. (4) The Council shall review its decision on an application made under this regulation from time to time to determine whether the reasons for exclusion are still valid and whether the exclusion should continue. (5) A person who is aggrieved by the decision of the Council to exclude information from public access may appeal to the Minister. 18

19 PART IX PERIOD OF VALIDITY Expiry authorisation document of 41. Where, following the preparation of a project or environmental impact assessment, an environmental impact assessment certificate has been issued but no development has started within three years, the developer or proponent shall re-register with the Council any intention to develop. Developer to inform the Council of changes to the development undertaking Issue of decision letter 42.-(1) A developer or proponent shall inform the Council of any change to the development or undertaking. (2) Upon information received pursuant to sub-regulation (1), the Council shall decide whether- (a) an additional environmental impact assessment statement is (b) required to be prepared; or any extra work is needed to be done to supplement the existing environmental impact statement. (3) Where an additional environmental impact assessment statement is required, a developer shall follow the procedures stipulated under regulations 13, 14, 15, 16 and 17. (4) Where a supplement to the environmental impact statement is required, the Council shall advise the developer or proponent as to the nature of the additional information required and the developer or, as the case may be, the proponent shall submit such information to the Council (5) The Council shall circulate any information for review to any relevant Government agency and local government authority which shall send their comments to the Council within twenty days of receipt of the information. 43. On receipt of any comment pursuant to Regulation 23, the Council shall issue a decision letter within ten days of the close of the period set for receipt of comments. PART X ENVIRONMENTAL AUDIT Objective of environmental audit 44.-(1) The main objectives of environmental audit is to- (a) determine how far activities and programmes of activities and processes of a project or undertaking conform with the approved environmental and social management plan of that specific project or undertaking and environmental management practices and environmental quality standards; (b) provide a mechanism to learn from experience, and to refine design and implementation procedures of a project or undertaking so as to mitigate adverse environmental impacts; and (c) provide regulatory bodies with a framework for checking 19

20 compliance with, and the performance of an Environmental and Social Management Plan, being part of Environmental Impact Assessment. (2) For purposes of achieving the objectives stipulated under subregulation (1), the principle functions of an environmental audit shall be to- (a) improve an organization or activity s compliance with environmental legislation and regulations such as air emission standards, effluent standards, waste management standards, and standard operating procedures; (b) document an operation or activity s current environmental performance of operation and environmental management procedures, including emergency response planning, monitoring and reporting system and planning for future environmental performance; (c) (d) (e) (f) prevent damage and the tendency for environmental damage; confirm predicted impacts and implementation of Environmental Impact Assessment recommendations, as basis for improving the performance of environmental social and management plan and environmental assessment process; improve resource use through reduction in material use, to minimize wastes and to identify recycling opportunities; and increase actions undertaken or needing to be undertaken by an organisation or activity to meet environmental goals such as sustainable development, recycling and efficient use of resources. Basic principles of environmental audit Environmental audit 45. Environmental audit shall be conducted primarily on the basic principles that- (a) any person who is responsible for an organisation or activity is obligated to maintain and preserve a harmonious balance between the ability of the environment to support activities and sustainable development; (b) an environmental audit is an effective management tool which, when intentionally undertaken, has been recognized as a highly beneficial method for operations and activities to manage their environmental impacts; (c) an environmental audit is a systematic, documented, periodic and objective assessment of the procedures and practices for managing environmental impacts; (d) an environmental audit enhances the search for effective solutions to environmental problems being faced by organisations and activities, and facilitates management control of environmental practices; and (e) environmental audits are conducted in a reputable and professional manner by persons certified and registered under the Environmental (Registration of Environmental Experts) Regulations, (1) An environmental audit study shall be undertaken on the types of projects specified in the Third Schedule to the Act and in the first Schedule of these Regulations. 20

21 (2) Notwithstanding subsection (1), environmental audit shall be carried on the development activities which are likely to have adverse environmental impacts- (a) ongoing projects commenced prior to the coming into force of (b) these Regulations; or new projects undertaken after completion of an environmental impact statement. (3) An environmental audit shall, unless it is a self-auditing study under Regulation 50, be conducted by a qualified and authorized environmental auditor or environmental inspector who shall be an expert or a firm of experts registered in accordance with the Environmental (Registration of Environmental Experts) Regulations, (4) The Council shall require the proponent or a developer to undertake in the case of an ongoing project - (a) (b) an initial environmental audit followed by subsequent environmental control audit studies as may be necessary at such times as shall be agreed upon by the Council and the proponent; and an initial environmental audit to provide base in information upon which subsequent environmental control audit studies shall be based. (5) Subject to sub-regulation (6), a proponent or a developer of a project that has undergone an environmental impact assessment shall within a period of twelve months of the commencement of the operations, and not more than twenty four months after the completion of a project whichever is earlier, undertake an environmental audit of the project or development. (6) Environmental audit may be required sooner if the life of the project is shorter than the period prescribed under this Regulation. (7) An environmental audit study specified under this regulation shall be conducted in accordance with the terms of reference developed by the proponent or a developer in consultation with the Council. (8) In carrying out the environmental audit study under this Regulation, the environmental auditor shall ensure that an appraisal of all the project activities, including the production of goods and services is carried out, gives adequate consideration to environmental regulatory frameworks, environmental health and safety measures and sustainable use of natural resources. (9) An audit report compiled under this regulation shall include the following information- (a) (b) (c) (d) (e) the past and present impacts of the project; the responsibility and proficiency of the operators of the project; existing internal control mechanisms to identify and mitigate activities with a negative environmental impact; existing internal control mechanisms to ensure the workers health and safety; and the existence of environmental awareness and sensitisation measures, including environmental standards, and regulations, law and policy, for the managerial and operational personnel. 21